MAMATADEVI PRAFULLAKUMAR BHANSALI Vs. PUSHPADEVI KAILASHKUMAR AGRAWAL

JUDGEMENT

(1.) The facts in brief can be stated as follows :- according to the complainant, she had advanced a loan of Rs. 5 lackhs to accused. The accused person failed to repay the loan and ultimately the accused delivered to the complainant a cheque of Rs. 2,50,000/- dated 24-10-2001 bearing No. 1979158 drawn on Khamgaon Urban Co-operative Bank Ltd. , khamgaon, Branch Paratwada, towards the repayment of the loan with an assurance that the cheque shall be honoured positively. The cheque was dishonoured when deposited with Banks remark "fund insufficient in the account of the accused". On 16-11-2001 complainant issued notice by Registered Post as well as by Under Certificate of Posting on 16-11-2001 on the original address of the accused. The notice served by the UCP was received by the accused, however, the Registered A. D. envelop was received wiith Post Office remark "do not claimed". According to the complainant, despite knowledge of liabilities, the accused did not make the payment. Complainant treated it as deemed service of notice, therefore, filed a private complaint.

(2.) The Complainant Pushpa w/o Kailashkumar Agrawal filed a complaint in her own name representing herself through power of attorney Shri Kailashkumar ramraj Agrawal who is her husband. In the body of complaint an averment is made that all transactions towards which the cheque was given had taken place in presence of the husband of the complainant who is her power of attorney. The amount of cheque was towards the part payment of hand loan which was paid by cheque. According to the complainant, she has done all transactions through her husband - the power of attorney as well that he is the holder in due course. The complaint is signed by the complainant as well as by her power of attorney.

(3.) The verification statement of complainant's husband Kailashkumar agrawal who is her power of attorney was recorded. The learned Judicial magistrate, First Class, passed order which reads as follows : order presented by the complainant's power of attorney on 27-12-2001. Register as summons case. Perused complaint, verification statement with record. Heard. Accused is prima facie seen involved in offence under section 138 of N. I. Act. Hence issue process against him. P. F. be paid sd/- illegible"